New Hampshire
How Dillon v. Legg applies in New Hampshire: state-specific rules, key cases, and bar exam notes for Torts.
New Hampshire generally aligns with the principles of duty and foreseeability as established in Dillon v. Legg. The state recognizes the right of bystanders to bring a claim for emotional distress if they have a close relationship to the victim and are in the zone of danger.
In New Hampshire, a bystander may recover for emotional distress due to witnessing harm to a loved one if they can demonstrate a close familial relationship and that they were within the zone of danger.
The court recognized a bystander’s claim for emotional distress, emphasizing the need for a close relationship to the injured party.
The court allowed recovery for emotional distress where the plaintiff witnessed the injury of a spouse, reaffirming the Dillon precedent.
The court held that emotional distress claims must show both proximity to the event and a close relationship to the victim.
New Hampshire's approach is consistent with the federal standard for bystander claims, which also requires a close relationship and proximity to the traumatic event. However, federal courts may provide different thresholds for emotional distress claims, such as the necessity of physical injury.
Dillon v. Legg principles may arise in New Hampshire bar exams, particularly in questions regarding torts involving emotional distress of bystanders.